CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The German LBA has issued AD 1998-031/2 affecting Dornier 328 series aeroplanes. Germany is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/DO 328/66, which will become effective on 28 September 2006.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was introduced to regulate the safety and efficiency of civil aviation within Australia, ensuring that all aspects of air navigation and aircraft operations meet stringent safety standards. Under this Act, the Civil Aviation Safety Regulations 1998 were subsequently established to provide detailed provisions for the safe operation of aircraft. One key aspect of these regulations is the issuance of airworthiness directives (ADs), which are legislative instruments created to mandate safety improvements and maintenance actions for specific aircraft types or aeronautical products. The authority to issue these ADs is derived from section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring that the Civil Aviation Safety Authority (CASA) can respond appropriately to safety concerns as they arise. The policy objective of these ADs is to ensure the continuing airworthiness of aircraft, aligning with Australia’s obligations under international aviation conventions, particularly Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design’s responsibility for the continuing airworthiness of aircraft types.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, as stipulated in the Legislative Instruments Act 2003, and are intended to ensure the safety of air navigation as per the Civil Aviation Act 1988. The application of these directives spans across all aircraft registered in Australia, whether domestically or internationally, thereby affecting aircraft operators and manufacturers within Australia’s jurisdiction. However, the process of issuing these ADs is heavily influenced by international obligations, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has primary responsibility for the continuing airworthiness of an aircraft type. In cases where the State of Design issues an AD, such as the German LBA's AD 1998-031/2 for Dornier 328 series aeroplanes, CASA must evaluate and, if necessary, issue corresponding Australian ADs to enforce these requirements domestically. This legislative framework does not involve public consultation or require a Regulatory Impact Statement, as it operates under specific international agreements and regulatory mandates.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, with specific provisions found in section 98 of the Act and regulation 39.001 of the Regulations. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means that they are formal instruments created by authorities with the power to do so, and they carry the force of law.
The obligations imposed by these regulations primarily rest on the State of Design and the State of Registry. The State of Design, in this case Germany for the Dornier 328 series aeroplanes, has the responsibility to ensure the continuing airworthiness of the aircraft type and to provide necessary information to the State of Registry. In Australia, the State of Registry, represented by CASA, must then assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process is in line with Annex 8 to the Convention on International Civil Aviation, which sets forth the responsibilities of States of Design and Registry regarding the continuing airworthiness of aircraft.
Failure to comply with ADs can result in serious consequences. Under regulation 39.003 of the Civil Aviation Safety Regulations 1998, any person who fails to comply with an AD commits an offence. The maximum penalty for an individual is a fine of up to 500 penalty units or imprisonment for up to five years, or both. For a body corporate, the maximum penalty is a fine of up to 2,500 penalty units. Additionally, failure to comply with an AD can result in the grounding of an aircraft, which can have significant financial and operational impacts on the operators and owners of the aircraft. Therefore, it is crucial that all relevant parties adhere to the requirements set out in any issued ADs to ensure the continued safety and airworthiness of the aircraft.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the issuance and enforcement of airworthiness directives in Australia. These ADs are legislative instruments that are issued by CASA in response to ADs from the relevant State of Design, such as Germany for the Dornier 328 series aeroplanes. The obligations under these regulations primarily rest on the State of Design and the State of Registry to ensure the continuing airworthiness of aircraft, with serious penalties for non-compliance. These measures are essential to maintaining the safety and integrity of the aviation industry in Australia and globally.